California, United States of America
The following excerpt is from People v. Chavez, C074316 (Cal. App. 2016):
Evidence Code section 352 provides: "The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." We review a trial court's ruling under this section for abuse of discretion and will reverse a trial court's exercise of discretion to admit evidence "only if 'the probative value of the [evidence] clearly is outweighed by [its] prejudicial effect.' [Citation.]" (People v. Carey (2007) 41
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Cal.4th 109, 128.) " 'Prejudice for purposes of Evidence Code section 352 means evidence that tends to evoke an emotional bias against the defendant with very little effect on issues, not evidence that is probative of a defendant's guilt.' [Citation.]" (People v. Tran (2011) 51 Cal.4th 1040, 1048 (Tran).)
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